Does the FMLA require employers to pay employees on FMLA leave?

No, the Family and Medical Leave Act (FMLA) does not require employers in New York to pay employees on FMLA leave. However, there are several state and federal laws that may require the employer to pay employees on leave. For example, in New York, employers must give employees unpaid leave for any qualifying medical or family reason. In addition, under the federal Family and Medical Leave Act (FMLA), employers with more than 50 employees must provide up to 12 weeks of unpaid, job-protected leave to eligible employees for certain qualifying medical and family reasons. Employees in New York may be eligible to receive wages while taking FMLA leave under certain circumstances. If an employee has accrued sick time or vacation time under an employer policy, an employer may choose to pay the employee for the period while on FMLA. Additionally, employers are not prohibited from providing paid leave, such as vacation or PTO, to employees on FMLA leave. Under the New York State Paid Family Leave Law (NYSPFL), employees are entitled to up to 8 weeks of paid leave time in a 52-week period for certain qualifying medical and family reasons. This applies to employers of any size in New York. The amount of pay a person receives while on leave under NYSPFL depends on the salary of the employee and the length of the leave. Overall, the FMLA does not require employers to pay employees on FMLA leave, but there are certain state and federal laws that require employers to provide wages or other benefits for leave, such as vacation or sick time, or paid leave.

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Does the FMLA require employers to pay employees on FMLA leave?

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